Editorial TDM Latin America Special - December 2009
Article from: TDM 4 (2009), in Editorial
Arbitration and dispute resolution in Latin America is multi-faceted:
The region has become an important user of arbitration and the major arbitration institutions have established offices in the area. Many leading investment arbitration awards arise from conflicts in Latin American countries.
Mexico has recently opened up federal public-works and PPP-contracts to arbitration, albeit with some flaws, and ratified the MIGA-Convention 1985. However, it has not adhered to ICSID and signed the Washington Convention 1965. Other countries such as Bolivia, Ecuador and Venezuela have receded from or limited commercial and investment arbitration. Brazil shows significant foreign investment without having ratified any investment arbitration treaty and having a special arbitration regime. Latin American transnational companies have become capital exporters interested in the protection of their investments. Some countries intend to incorporate arbitration into their constitutions. Legacies such as the Calvo doctrine find followers even outside the region.
This Special Edition Latin America contains twenty-eight articles dealing with Latin America in general and, in particular, with countries such as Argentina, Brazil, Bolivia, Colombia, Ecuador, Mexico, Peru, Venezuela, covering topics such as CAFTA, commercial arbitration, enforcement of arbitration awards, commentaries to cases, foreign investments, ICSID, intellectual property, investment arbitration, Public Private Partnerships (PPPs) and WTO dispute resolution, among others.
In spite of many political and economic problems, Latin America is a region of opportunities and a place where new "recipes" for infrastructure development such as BOTs, PPPs and modern forms of dispute resolution and investment protection are being tested. This edition provides some insight in what is happening in the region which I hope you will find interesting and useful.